Pepper Spray Laws – Indiana

There aren’t really any laws concerning citizens possessing and carrying pepper spray in Indiana. Citizens are therefore allowed to carry any formulation they want and any quantity that serves their purposes, with the only de facto mandate being that any defensive spray carried for self-defense purposes must be formulated to cause no lasting harm.

Other than that, anyone can purchase and carry pepper spray for self-defense, with the one possible exception that citizens may need to be 18 years old or older to order pepper spray from the internet and have it sent to Indiana.

This is great news for those of us who live in Indiana or are visiting, and desire carrying a defensive spray for personal protection. Get the rest of the facts as well as the relevant statutes that are completely devoid of any mention of pepper spray below.

Fast Facts

• Citizens in Indiana can carry any size and any quantity of pepper spray that they want. There are no capacity restrictions.
• All typical formulations of defensive spray are allowed in Indiana, including OC, CN and CS.
• Anybody may carry pepper spray in Indiana for the purposes of self-defense, and there are no restrictions regarding age for possession or purchase, with the possible exception that one must be 18 years old or older to order pepper spray from out of state.

Overview

We are happy to report that Indiana is a state with scarcely any laws whatsoever on the books that could pertain to citizens possessing and carrying pepper spray for self-defense. They quantify all sorts of laws for many other weapons, guns and knives foremost among them, but defensive sprays are essentially unregulated.

You can carry any sort of defensive spray formulation you want so long as it is a spray that is designed to not cause any lasting, serious injury. Don’t take any chances with any run of the mill or fly by night pepper spray suppliers, and stick with the big names that you know and trust.

Additionally, a citizen may carry any quantity of defensive spray that they choose, from a tiny, key ring-sized unit to an extra-large can suitable for busting up a crowd or multiple attackers.

There’s also a lack of age restriction in Indiana, meaning that anybody may purchase and possess pepper spray or other defensive sprays in the state.

Conclusion

Indiana has hardly any laws on the books that restrict or otherwise govern the possession, carry and use of defensive sprays by civilians.

In short, civilians may choose from any typical formulation that they desire, be it pepper spray or tear gas, and carry any quantity that suits their needs. So long as one does not use defensive spray for any illicit or criminal purpose you don’t have anything to worry about in Indiana.

Relevant State Statutes

Title 35. Criminal Law and Procedure, Article 47. Weapons and Instruments of Violence

Chapter 5. Prohibited Instruments of Violence

(Pepper Spray and other defensive sprays do not appear on the list of prohibited weapons.)

35-47-4-6. Unlawful possession of a firearm by a domestic batterer

IC 35-47-4-6 Unlawful possession of a firearm by a domestic batterer

Sec. 6. (a) A person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor.

(b) It is a defense to a prosecution under this section that the person’s right to possess a firearm has been restored under IC 35-47-4-7.

35-47-8-1. “Electronic stun weapon” defined

Sec. 1. As used in this chapter, “electronic stun weapon” means any mechanism that is:

(1) designed to emit an electronic, magnetic, or other type of charge that exceeds the equivalency of a five (5) milliamp sixty (60) hertz shock; and

(2) used for the purpose of temporarily incapacitating a person.

…

35-47-8-2. “Stun gun” defined

Sec. 2. As used in this chapter, “stun gun” means any mechanism that is:

(1) designed to emit an electronic, magnetic, or other type of charge that equals or does not exceed the equivalency of a five (5) milliamp sixty (60) hertz shock; and

(2) used for the purpose of temporarily incapacitating a person.

…

IC 35-47-8-3 “Taser” defined

Sec. 3. As used in this chapter, “taser” means any mechanism that is:

(1) designed to emit an electronic, magnetic, or other type of charge or shock through the use of a projectile; and

(2) used for the purpose of temporarily incapacitating a person.

…

35-47-8-4. Applicability of handgun provisions

Sec. 4. IC 35-47-2 applies to an electronic stun weapon or taser.

…

35-42-2-1. Battery

Sec. 1. (a) As used in this section, “public safety official” means:

(1) a law enforcement officer, including an alcoholic beverage enforcement officer;

(2) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71);

(3) an employee of the department of correction;

(4) a probation officer;

(5) a parole officer;

(6) a community corrections worker;

(7) a home detention officer;

(8) a department of child services employee;

(9) a firefighter;

(10) an emergency medical services provider;

(11) a judicial officer;

(12) a bailiff of any court; or

(13) a special deputy (as described in IC 36-8-10-10.6).

(b) As used in this section, “relative” means an individual related by blood, half-blood, adoption, marriage, or remarriage, including:

(1) a spouse;

(2) a parent or stepparent;

(3) a child or stepchild;

(4) a grandchild or stepgrandchild;

(5) a grandparent or stepgrandparent;

(6) a brother, sister, stepbrother, or stepsister;

(7) a niece or nephew;

(8) an aunt or uncle;

(9) a daughter-in-law or son-in-law;

(10) a mother-in-law or father-in-law; or

(11) a first cousin.

(c) Except as provided in subsections (d) through (k), a person who knowingly or intentionally:

(1) touches another person in a rude, insolent, or angry manner; or

(2) in a rude, insolent, or angry manner places any bodily fluid or waste on another person;

commits battery, a Class B misdemeanor.

(d) The offense described in subsection (c)(1) or (c)(2) is a Class A misdemeanor if it:

(1) results in bodily injury to any other person; or

(2) is committed against a member of a foster family home (as defined in IC 35-31.5-2-139.3) by a person who is not a resident of the foster family home if the person who committed the offense is a relative of a person who lived in the foster family home at the time of the offense.

(e) The offense described in subsection (c)(1) or (c)(2) is a Level 6 felony if one (1) or more of the following apply:

(1) The offense results in moderate bodily injury to any other person.

(2) The offense is committed against a public safety official while the official is engaged in the official’s official duty.

(3) The offense is committed against a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.

(4) The offense is committed against a person of any age who has a mental or physical disability and is committed by a person having the care of the person with the mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation.

(5) The offense is committed against an endangered adult (as defined in IC 12-10-3-2).

(6) The offense:

(A) is committed against a member of a foster family home (as defined in IC 35-31.5-2-139.3) by a person who is not a resident of the foster family home if the person who committed the offense is a relative of a person who lived in the foster family home at the time of the offense; and

(B) results in bodily injury to the member of the foster family.

(f) The offense described in subsection (c)(2) is a Level 6 felony if the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus.

(g) The offense described in subsection (c)(1) or (c)(2) is a Level 5 felony if one (1) or more of the following apply:

(1) The offense results in serious bodily injury to another person.

(2) The offense is committed with a deadly weapon.

(3) The offense results in bodily injury to a pregnant woman if the person knew of the pregnancy.

(4) The person has a previous conviction for a battery offense:

(A) included in this chapter against the same victim; or

(B) against the same victim in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a battery offense included in this chapter.

(5) The offense results in bodily injury to one (1) or more of the following:

(A) A public safety official while the official is engaged in the official’s official duties.

(B) A person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.

(C) A person who has a mental or physical disability if the offense is committed by an individual having care of the person with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation.

(D) An endangered adult (as defined in IC 12-10-3-2).

(h) The offense described in subsection (c)(2) is a Level 5 felony if:

(1) the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus; and

(2) the person placed the bodily fluid or waste on a public safety official.

(i) The offense described in subsection (c)(1) or (c)(2) is a Level 4 felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2).

(j) The offense described in subsection (c)(1) or (c)(2) is a Level 3 felony if it results in serious bodily injury to a person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.

(k) The offense described in subsection (c)(1) or (c)(2) is a Level 2 felony if it results in the death of one (1) or more of the following:

(1) A person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.

(2) An endangered adult (as defined in IC 12-10-3-2).

…

IC 35-42-2-1.5 Aggravated battery

Sec. 1.5. A person who knowingly or intentionally inflicts injury on a person that creates a substantial risk of death or causes:

(1) serious permanent disfigurement;

(2) protracted loss or impairment of the function of a bodily member or organ; or

(3) the loss of a fetus;

commits aggravated battery, a Level 3 felony. However, the offense is a Level 1 felony if it results in the death of a child less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.

…

IC 35-42-2-2 Criminal recklessness; element of hazing; liability barred for good faith report or judicial participation

Sec. 2. (a) A person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness. Except as provided in subsection (b), criminal recklessness is a Class B misdemeanor.

(b) The offense of criminal recklessness as defined in subsection (a) is:

(1) a Level 6 felony if:

(A) it is committed while armed with a deadly weapon; or

(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; or

(2) a Level 5 felony if:

(A) it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather; or

(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death or catastrophic injury of another person.